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HomeMy WebLinkAbout1987-10-06 Resolution.a• RESOLUTION NO. 87-262 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Iowa City Yacht Club Inc., 13 S. Linn Street It was moved by McDonald and seconded by Zuber that the Resolution as rea e a opte , and upon roll ca t ere were: Passed and approved this 6th clay of October , 19 87 . / D'or - er Attest: L / QCler /#3 d2. AYES: NAYS: ABSENT: Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber X Passed and approved this 6th clay of October , 19 87 . / D'or - er Attest: L / QCler /#3 d2. dJr �. . RESOLUTION NO. 87-263 A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF CITY PROPERTY, TO WIT, A PORTION OF THE NORTH -SOUTH ALLEY BETWEEN DAVENPORT STREET AND BLOOMINGTON STREET, EAST OF RENO STREET AND WEST OF HICKORY HILL PARK IN IOWA CITY, IOWA. WHEREAS, this City Council did, pursuant to Ordinance No. 87-3344 , passed and approved the 6th day of October 1987, voce tTie north south alley between Bloomington Street and Davenport Street. Said alley is legally described as follows: Beginning at the Northeast corner of Lot 4, Irish's Extension to Woods Addition; thence South along the Easterly Lot lines of Lots 4, 3, 2 and 1 of said subdivision, a distance of 320 feet to the North Right -of -Way line of Bloomington Street; thence Easterly along said Right -of -Way line a distance of 16 feet to the Southwest corner of Lot 6, Pleasant Place Addition to Iowa City; thence Northerly along the Westerly lot lines of Lots 6 and 5 of said Pleasant Place Addi- tion to the southerly Right -of -Way line of Davenport Street; thence West 16 feet to the place of beginning, which property is the North- South alley between Bloomington and Davenport Streets one block east of Reno Street. i WHEREAS, this City Council did, pursuant to Resolution No. 87-231, adopted and approved on the 8th day of September, 1987, declare its intent and pro- posal to dispose of said alley subject to retaining easements for public utilities by selling same to Nicholas and Iris Peet, did authorize publica- tion of notice of its proposal with regard thereto, and did set the date and time for public hearing thereon; and WHEREAS, title to said alley shall be conveyed to the Peets and the other adjacent property owner by quit claim deed; and i WHEREAS, following public hearing on said proposal, and being fully advised f as to the merits of said proposal, this Council deems said proposed disposal of said north -south alley between Bloomington Street and Davenport Street to be in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk be and are hereby authorized, empowered and directed to execute and deliver a City Deed conveying the City's interest in said o north -south alley between Bloomington Street and Davenport Street to the Peets and other adjacent property owners, for and in consideration of the sum of $ sno.nn AND, BE IT FURTHER RESOLVED THAT: The City Deed attached hereto and made a part hereof is hereby approved as to form and content. P /#37 .9' M Resolution No. 87-263 Page 2 AND, BE IT FURTHER RESOLVED THAT: The City Attorney be and is hereby authorized, empowered and directed to deliver the City Deed upon payment of the consideration as indicated b foregoing. Y the It was moved by McDonald the Resolution be u and seconded b pon ro call there werey Strait aop a an AYES: NAYS: ABSENT: X Ambrisco X X Baker j R Courtney X Dickson X McDonald X Strait Passed and approved this 6th Zuber day of October 1987. 1 X�14A Y OR ATTEST: -Lf�J /— J — � 6lTY CLERK I i ReeQlved gy Th ! DOParfi APprovea �£a 9 i7 /037 .P• CITY DEED • KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation (hereinafter called 'Grantor'), for and in consid- eration of Five Hundred and no/100 Dollars ($500.00) in had paid, does ofreby quit survivorshilp lm to and not asas and tenantslin common, 122s Peetas 5oint Easttenants tDavenportStreet• Iowa city, Iowa 52240, the following described property in Iowa City, Johnson County, Iowa, to -wit: Beginning at the Northeast corner of Lot 4, Irish's Extension to Loadsts 4,Addition-3and.lence of said subdivisions, athe adistanceolines of 720 feet to the North Right -of -Way line of Bloomington Street; thence East to the•erly along said Southwest corner Rofh of 6, yPleasant Place Addition tos Iowa City; thence Northerly along the Westerly lot lines of Lots 6 and 5 of said Pleasant Place Addition to the southerly Right -of -Way line of Davenport Street; thence West 16 feet to the place of beginning. Subject to an easement over, above, upon and under the property for public utilities. This City Deed Is being executed and delivered pursuant to authority vested in the Mayor and City Clerk of Grantor under the provisions of Resolution No. 87- 263 duly adopted by the City Council of Grantor on the 6th day of Oct. er, 87. IN WITNESS WHEREOF, this deed has been duly executed on behalf of Grantor by its Mayor and City Clerk, and the seal of the municipal corporation has been affixed hereto on the 6th day of October, 1987. CITY OF IOWA CITY, IOWA t 3 tam r co, ayor ATTEST: 7i _ _. , . .fy&,..,e ar n K. Karr, ty C er STATE OF IOWA I ) SS: JOHNSON COUNTY I On this 6th day of October 1987, before me, the under- signed, a fFF-y Public n an or e a e of Iowa, personally appeared William J. Ambrisco and Marian K. Karr, !o me personally known, who, Vi ng y me u y sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument to Which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument of Its City Council; and that sealed on behalf the said municipal ill,= J. corporation byand authority K. Karr as such officers acknowledged t e execu ono sa nstrunent to be the voluntary act and deed of said municipal corporation, by it and by then voluntarily executed. o ,r -y u c o an for said )tate NO TRANSFER TAX DUE: CODE SEC. 428A.2(6) Sa:alrvl ? Appr.ad ••'h� is gal CeF'simant /*3 7 Y RESOLUTION NO. RESOLUTION SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROP- ERTY LOCATED AT 528 IOWA AVENUE. WHEREAS, Mr. Emnit J. George has submitted an application to rezone property located at 528 Iowa Avenue from RNC -20 to C8-2; and WHEREAS, the Department of Planning and Program Development, in a Memorandum dated June 26, 1987, recommended denial of the application; and WHEREAS, on July 2, 1987, the Planning and Zoning Commission, on an affirma- tive motion to recommend the rezoning, voted one in favor, four against (Wallace voting in the affirmative). WHEREAS, the City Council has examined the report of the Department of Plan- ning and Program Development, and Planning and Zoning Commission action, and concurs with their recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The application to rezone property at 528 Iowa Avenue from RNC -20 to CB -2 is disapproved for the following reasons: 1. Altering the present RNC-20/CB-2 boundary line would subject additional residential properties to the negative impacts of commercial uses in the established resine. The dential properrtiesnt zoning nonrbothne was sides ofrJohnsonset Streetprotect 2. The proposed rezoning would contravene the purpose of the RNC -20 zone to preserve the character of existing residential neighborhoods. The sub- ject property was included in the RNC -20 zone because it included a residential structure similar to neighboring residential properties, and preservation of existing housing stock is one way to preserve the charac- ter of existing neighborhoods. 3. Full compliance with the parking regulations is required to establish any new use on the property. Due to the location and size of the existing building and the narrowness of the lot, compliance with the parking regulations will be difficult to achieve for any commercial or office use. Because of this, there would be no incentive to retain the existing residential structure, and while a smaller commercial building could be built upon the lot, thereby making more land available for parking, such action would be contrary to the intent of the RNC -20 to preserve existing housing stock. /43,9 Resolution No. Page 2 It was moved by and seconded by the Resolution be a op , and upon rol I call there were: AYES: NAYS: ABSENT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber Passed and approved this day of , 1987. ATTEST: CITY CLERK i Received & Approved By The logo Copartmonf 61 7 iii 1438 o' 4 RESOLUTION N0. 87-264 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCHESTER PLACE, A SUBDIVISION IN IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Dean Oakes Construction Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Rochester Place; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recom- mended approval of same; and WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission and after due deliberation, the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary plat is found to conform with all of the require- ments of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Rochester Place is hereby approved on condi- tion that a sidewalk from Rita Lyn Place to First Avenue be included in the final plat, and that a homeowner's association be responsible for maintenance of the sidewalk. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the plat after passage and approval by law. It was moved by Dickson and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker X Courtney X Dickson X McDonald X Strait X tuber Passed and approved this 6th day of octobor 1987. I/ , /1W ATTEST: 2%9�_ CIT CLERK fn.crl ,..;: �• Ily I3.,p,IIni 31:1 .o a RESOLUTION N0. RESOLUTION APPROVING THE PRELIMINARY PL SUBDIVISION IN IOWA CITY, JOHNSON COUNTY, IOWA. ROCHEAT OF STER PLACE, A WHER AS, the owner, Dean Oakes Construction C4 Clerk of Iowa City, Iowa, an/prop ion for pony, has filed with the City If Roc ester Place; andproval of the preliminary plat WHEREAS, the Department of and rogram Development and the Public Works Dep rtment have examinop ed reliminarmended app oval of same; andP Y plat and have recom- WHEREAS,preliminaryplan examined b theCommission an after due delithe Commission has recommendeddthatrit be accepted an approved; andWHEREAS, the pr liminary plad to conform with all of the require- ments of the City Ordinancest NOW, THEREFORE, BE IOWA: I. That the prelin 2. That the Mayor authorized and to the plat of It was moved by the Resolution at Pas AYES: y of Iowa City, Iowa. BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, Plat of Rochester Place is hereby approved. rk of of ty oecertifyhCity resolution whiwa ch shall beeaffixed �etand approval by law. and seconded by an upon ro call there were: and approved this day of CI—TY—CL—ER—K------ Baker ITYCLERK ABSENT: Ambrisco Baker Courtney Dickson McDonald Strait Zuber 1987. Ru<eivecl S Approve: „ ay The Lose Department N .1. s I RESOLUTION NO. 87-265 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANDICARE, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDOG) FUNDS TO COMPLETE CONSTRUCTION OF THE HARRISON STREET POCKET PARK FOR HANDICAPPED CHILDREN. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant funds granted by the U.S. Department of Housing and Urban Devel- opment (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, on February 3, 1987, the City authorized the establishment of the Harrison Street Pocket Park for handicapped children, and executed a Memoran- dum of Agreement with Handicare, Inc. for development of the park, on a portion of vacated Harrison Street right-of-way between Linn and Dubuque Streets; and WHEREAS, because site conditions have necessitated a redesign of the Harrison Street Pocket Park, additional work will need to be done to complete con- struction of the park, so it is necessary that additional funds be provided ito Handicare to ensure completion of the park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor is authorized to sign and the City Clerk to attest an Addendum to the February 3, 1987, Agreement with Handicare, Inc. relative to the I Harrison Street Pocket Park Project. Said Addendum is attached to this Resolution and by this reference is incorporated herein. I It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I 1 X Ambrisco X Baker Courtney X Dickson McDonald Strait Zuber Passed and approved this 6tli day of October 1987. n A ATTEST: //12trnrJ CITY' CLERK ?ecr.A'Cd ?, AFP rc"' Gv T o Legal uare�mw—� ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANDICARE, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO COMPLETE CONSTRUCTION OF THE HARRISON STREET POCKET PARK FOR HANDICAPPED CHILDREN THIS AGREEMENT, entered into this 644, day of Oc:66j1g , 1987, by and between the City of Iowa y i , a municipa corpora ion (herein re- ferred to as the "City"), and Handicare, Inc., a public non-profit entity (herein referred to as "Handicare"), is an addendum to the Agreement entered into on February 3, 1987 (the "1987 Agreement") between the same parties. WHEREAS, the parties entered into an Agreement on January 14, 1986, to fur- nish $49,000 of CDBG funds to assist in improvements to provide handicapped access to the Handicare facility for disabled children; and WHEREAS, the parties entered into the 1987 Agreement to provide that the remaining 1986 CDBG funds allocated to Handicare be used to develop a public park with handicapped access and playground equipment for handicapped chil- dren; and WHEREAS, Handicare, through unforeseen circumstances, and in order to com- plete the construction phase of the pocket park development project, has incurred additional costs which exceed its 1986 grant balance, and has there- fore requested an allocation of additional CDBG funding. NOW, THEREFORE, the 1987 Agreement is hereby amended as follows: 1. In paragraph 2, Scope and Time of Performance, the Phase 2 deadline, July 1, 1987, is changed to December 1, 1987. 2. In paragraph 3, PPro,7'ect�Cost, the figure "$26,000", which appears twice is, in both cases, amen read "$51,000." 3. Paragraph 4 is amended in part as follows: 4, COMPENSATION AND METHOD OF PAYMENT: The City shall pay and Handicare agrees to accept in full no more than Fifty-one Thousand Dollars ($51,000) for performance under this Agreement, as follows: A. (No change) B. The total of the City payments shall not exceed $51,000. C. (No change) All other provisions of the 1987 Agreement are reaffirmed and shall remain in full force in effect. 114iA7 .O' 0 N IN WITNESS WHEREOF, the parties hereto have executed this Addendum on this 6�i{ _day of _ C)g" 6 .- 1987. CITY OF IOWA CITY HANDICARE, INC. r ��&Mayor rlxonJie+�' en , Boar o rec ors ATTEST: z -le ) ATTEST: City Clerk Secretary, Boar o rec ors RQC0lv0d $, APprorac hY The al DePartrtt nt 9 io P IOV7 .o 4 P RESOLUTION NO. 87-266 RESOLUTION AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE AN APPLICATIO14 TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR PERMISSION TO PERFORM WORK WITHIN STATE HIGHWAY RIGHT-OF-WAY, AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL SUCH APPLICATIONS ON THE CITY'S BEHALF IN THE FUTURE, AND TO APPROVE SUCH APPLICATIONS BY THIRD PARTIES. WHEREAS, the permission of the Iowa Department of Transportation must be obtained before the City of Iowa City, or any other person or public or private entity, is allowed to perform work within state highway right-of-way; and WHEREAS, when such applications are made to perform work in a state highway right-of-way located within a city by a private person or entity, or by a public entity other than that city, the IDOT further requires that city to also approve such applications; and 4 WHEREAS, the City of Iowa City desires to perform work in the Highway 6 right-of-way, to wit, clearing out ditches between the ends of Crescent and Broadway Streets and the north ditch along Highway 6 to facilitate drainage; and WHEREAS, the City Engineer has prepared the standard IDOT Application to Perform Work Within State Highway Right -of -Way, Form 810028/10-84, for execu- tion by the City and the City Attorney has reviewed and approved said Appli- cation Form; and WHEREAS, the City Council's approval and authorization must be obtained before such applications can be executed on the City's behalf, or before the City's approval of such applications by others; and WHEREAS, the City Council has been advised and does believe that it would be in the City's best interest to authorize the City Engineer to make and exe- cute the application subject hereof, and to further authorize the City Engi- neer to make and execute all such applications on the City's behalf in the future, and to approve all such future applications by others, without Coun- cil review and authorization. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the City Engineer is hereby authorized and directed to make and execute the Application to Perform Work Within State Highway Right -of -Way for drainage work in the north ditch of Highway 6, as set forth above. AND BE IT FURTHER RESOLVED that the City Engineer be and is hereby author- ized, directed, and delegated the authority to execute all such future appli- cations for and on behalf of the City of Iowa City, and to endorse the City of Iowa City's approval of all such future applications by others. /008 ,o• n Resolution No. 87-266 Page 2 It was moved by Zuber and seconded by the Resolution be a op a anU—u—p6—n—r-6T1 call there were: AYES: NAYS: X ABSENT: Strait Ambrisco X Baker Courtney Dickson McDonald Strait Zuber Passed and approved this 6th day of October 1987. p OR ATTEST: 7I• fd7t�/ CIT�CLERK Aira S A(�I„ovice al £ of -:671 AfAt PW 1. a RESOLUTION NO. 87_267 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD IMPROVEMENTS PROJECT, PHASE III WHEREAS, Metro Pavers, Inc. has submitted the best bid of 768,339.35 above-named project. for the construction of thf IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc. of Iowa City, Iowa subject to the condition tat awar ee secure a equate performance bon , insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by McDonald and seconded b the resolution as rea e a opte , an upon roll call thereDickson were . that AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait Y Zuber Passed and approved this 6th day of October 19 87 . ATTEST: Z122&-a�V24. 7 / � CITY LLERK O y1 OR